SUBMISSION FOR 2009 TRAFFICKING IN PERSONS REPORT:

UNCLAS HONG KONG 000386

SENSITIVE
SIPDIS

C O R R E C T E D COPY CAPTION

DEPT FOR G/TIP, G, DRL, INL, EAP/RSP, EAP/CM

E.O. 12958: N/A
TAGS: KTIP KCRM PHUM SMIG HK MC CH
SUBJECT: SUBMISSION FOR 2009 TRAFFICKING IN PERSONS REPORT:
HONG KONG

REF: STATE 132759


1. (SBU) Per reftel, the following are post's contributions
to the ninth annual Trafficking in Persons (TIP) report for
the Hong Kong Special Administrative Region (HKSAR) of the
People's Republic of China. (Note: Per instructions,
subheadings and answers correspond to questions posed in
paragraphs 23-27 of ref. End note.)


2. (SBU) Comment: During the reporting period, Hong Kong has
seen few practical or legal changes to its continued vigilant
and comprehensive approach toward combating human
trafficking. The Hong Kong Special Administrative Region
Government (HKSARG) remained committed to tackling all
aspects of trafficking by continuing to train front-line
officers and social service providers, investigate suspected
cases and apply relevant laws in the prosecution of
trafficking offenses. The HKSARG continued to cooperate
closely with local non-government organizations (NGOs) to
stretched a high level of victim support services. Despite
these robust efforts, the HKSARG resources likely have been
strained by the dramatic increase in recent years of Mainland
women illegally entering Hong Kong to participate in sex
work. As a result, it is possible that a small number of
these illegal migrants fit the definition of trafficking
victims but are not correctly identified as such by Hong Kong
authorities.


3. (SBU) Comment (cont'd): Despite efforts to regulate the
thousands of foreign domestic helpers (FDHs) from the
Philippines and Indonesia working in Hong Kong, reports
continued to emerge about a growing number of Indonesian FDHs
experiencing varying levels of debt bondage and involuntary
servitude. Some FDHs are forced to repay Indonesian
recruitment agencies HKD 21,000 (approx. USD 2,700) within
the first seven months of employment, amounting to roughly 90
percent of a worker's monthly salary. An unknown number of
Hong Kong-licensed employment agencies reportedly participate
in this debt scheme by illegally confiscating the FDHs'
passports and employment contracts upon arrival and
withholding them until the debt has been completely repaid.
End comment.


THE COUNTRY'S TIP SITUATION:
--------------

A. (SBU) The HKSARG, human rights and labor non-government
organizations (NGOs),academics and the media maintain a high
level of interest and scrutiny on TIP-related issues, and
report their findings in an open and accessible manner.
Information from this wide range of sources generally has
been reliable.


B. (SBU) Hong Kong is not a significant point of origin,
transit, and/or destination for internationally trafficked
men, women or children. The government reported one
trafficking prosecution and one suspected trafficking case
during the reporting period. Hong Kong's firmly established
rule of law, independent judiciary, highly-trained law
enforcement officers, active human rights groups and vigilant
press corps contribute to a system in which trafficking cases
are reported and investigated, and victims receive
appropriate protection and assistance. Women, primarily from
mainland China and Southeast Asia, continue to travel to Hong
Kong of their own volition to engage in sex work, posing an
immigration but not necessarily a trafficking challenge for
Hong Kong authorities. However, given the dramatic increase
in recent years of mainland Chinese women illegally entering
Hong Kong to participate in sex work and the likely strain it
has put on immigration and law enforcement resources, it is
likely that a small number of these illegal migrants are
trafficking victims but are not correctly identified as such
by Hong Kong authorities. Overall, our research has not
indicated significant changes to the magnitude or scope of
human trafficking crimes in Hong Kong.


C. (SBU) While many women initially come to Hong Kong
willingly to engage in prostitution, some are lured by
criminal syndicates or acquaintances and deceived about the
nature of their future job. Once in Hong Kong, they are
forced into prostitution under conditions of debt bondage.
Traffickers sometimes hold onto the women's travel documents
until debts are paid.


D. (SBU) Previously documented trafficking cases have
typically involved women from poor rural areas of mainland
China and Southeast Asia, particularly Thailand and the
Philippines.


E. (SBU) Information from the relatively small number of

documented trafficking cases in Hong Kong, information from
those cases suggests criminal organizations sometimes
facilitate illegal migrants entering Hong Kong with
fraudulent documents and/or establishing themselves in the
city. A growing body of research indicates most women are
approached by acquaintances from their home village/town and
promised service industry jobs to include but not limited to
waitressing, foot massage, car washing, and cleaning.
However, upon arrival, they find themselves forced into
prostitution in order to pay back significant debt incurred
in coming to Hong Kong.


SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS:
-------------- --------------


A. (SBU) The Hong Kong government recognizes its position as
an international transportation traffic hub makes it
vulnerable to illegal migration and human smuggling, some of
which could involve trafficking. It continues to employ
stringent and comprehensive measures to detect, prosecute and
prevent human trafficking crimes. While trafficking cases
continue to be rare, Hong Kong law enforcement agencies have
shown a willingness and capability to utilize all relevant
laws to prosecute trafficking offenses when identified. Hong
Kong laws and law enforcement practices are well-equipped to
detect and prosecute various aspects of, and criminal
behavior related to, human trafficking.


B. (SBU) The Security Bureau (SB) has policy responsibility
for illegal immigration and TIP and administrative control
over the police, customs and immigration departments, which
are responsible for enforcing laws that combat trafficking.
These law enforcement agencies liaise and cooperate with
mainland China and foreign authorities in intelligence
exchange on forgery, migrant smuggling syndicates, and
related trends. Hong Kong law enforcement agencies continue
to be regular participants at international conferences and
seminars on transnational crime, immigration control,
document fraud, and victim identification. Hong Kong
authorities also work closely with Interpol and other law
enforcement agencies in the region on trafficking and illegal
migration issues.

-- (SBU) The Joint Investigative Team (JIT) on Human
Smuggling, formed in 1998 to take action against organized
human smuggling, coordinates Police, Immigration and Customs
Department enforcement efforts and maintains links with
private sector organizations and with local and international
bodies involved in combating human smuggling. They are
further tasked with monitoring the implementation of the
government's anti-trafficking policies and recommending
appropriate strategies and tactical responses.

-- (SBU) The Social Welfare Department (SWD) and the Hospital
Authority collaborate to ensure a comprehensive and concerted
approach to victim support and assistance. The SWD also
carries out public education and awareness campaigns aimed at
increasing prevention and detection. The Home Affairs
Bureau, Labor Department, and other government departments
and bureaus are responsible for various aspects of
trafficking in persons. The Hong Kong government also
maintains links to the UN High Commissioner for Refugees and
the International Organization for Migration, both of which
have offices in Hong Kong.


C. (SBU) There is no particular limitation on the
government's ability to address human trafficking in Hong
Kong. A sophisticated legal system, adequate training and
funding across the government, and a demonstrated commitment
contribute to an effective anti-trafficking regime. However,
a dramatic increase in recent years of mainland Chinese women
illegally entering Hong Kong to participate in sex work
likely has strained immigration and law enforcement resources
to a degree. As a result, it is likely that a small number of
these illegal migrants are trafficking victims but are not
correctly identified as such by Hong Kong authorities.


D. (SBU) The Security Bureau (SB) regularly reviews and
closely monitors the performance of LEAs in the fight against
human trafficking. LEAs are expected to carefully document
all cases where trafficking is suspected. The SB monitors
daily police reports for confirmed or suspected trafficking
cases and seeks further details from the appropriate police
unit for follow-up and reporting. When reviewing deportation
orders, SB is alert to possible trafficking victims amongst
the proposed deportees. The Hong Kong Police (HKP) provides
SB with a quarterly "Trafficking in Women" report. At the
operational level, Hong Kong Police's Organized Crime and
Triad Bureau (OCTB) (the unit responsible for investigating

the most serious trafficking cases) produces biannual reports
for the inter-departmental Joint Investigative Team on Human
Smuggling.

-- (SBU) The HKG's anti-trafficking efforts are widely
publicized on various government websites and shared through
participation in numerous regional/international
organizations. The HKSARG is a member of the Asia-Pacific
Consultations on Refugees, Displaced Persons and Migrants;
the Asia-Pacific Economic Cooperation forum; the Bali Process
on People Smuggling, Trafficking In Persons and Related
Transnational Crime; and INTERPOL.

-- (SBU) The HKSARG consistently responds to post's requests
for information in a timely manner.


INVESTIGATION AND PROSECUTION OF TRAFFICKERS:
--------------


A. (SBU) Hong Kong does not have a comprehensive law
prohibiting all forms of trafficking; however, taken
together, Hong Kong laws adequately cover the full scope of
trafficking in persons. Specific provisions in the
Immigration Ordinance (Section 37D of Cap. 115; July 1,
1997),the Crimes Ordinance (Section 129 of Cap. 200; which
includes trafficking for prostitution; July 1, 1997),the
Stowaways Ordinance (Cap. 83; July 1, 1997) and other
relevant laws enable law enforcement authorities to take
action against trafficking in persons. For example, the
Crimes Ordinance makes it an offense for a person to take
part in "bringing another person into, or taking another
person out of, Hong Kong for the purposes of prostitution,"
regardless of whether the other person consented, knew the
purpose, or received any advantage. This offense is
punishable by up to 10 years' imprisonment. Additionally,
under the Offences Against Persons Ordinance, traffickers who
have detained a person against his/her will may be subject to
heavier penalties, up to a maximum of life imprisonment.
Moreover, under the Organized & Serious Crimes Ordinance, law
enforcement authorities can apply for "enhanced sentencing
and confiscation of crime proceeds from criminals convicted
of such offences."


B. (SBU) The Organized and Serious Crimes Ordinance provides
special powers of investigation of organized crime, deprives
criminals of the proceeds of specified offenses, and allows
the courts to impose enhanced sentences for specified
offenses, which include human smuggling and forgery of travel
documents. The Crimes Ordinance (section 129 of Cap. 200)
punishes trafficking to or from Hong Kong for prostitution.
The Immigration Ordinance enables enforcement and prosecution
to prevent Hong Kong from being used as a springboard for
smuggling persons to or through Hong Kong. Specific
provisions outlaw (and provide for fines and prison sentences
as shown) such activities as: arranging passage of
unauthorized entrants into Hong Kong (up to USD 625,000 (HKD
5 million) and 14 years in prison); assisting unauthorized
entrants to remain in Hong Kong (up to USD 62,500 (HKD
500,000) and 10 years in prison); carrying an unauthorized
entrant on board ship entering Hong Kong (up to USD 625,000
(HKD 5 million) and 14 years in prison); using or possessing
a forged, false or unlawfully obtained travel document (up to
USD 18,750 (HKD 150,000) and 14 years in prison); and aiding
and abetting any person to use such a document (up to USD
18,750 (HKD 150,000) and 14 years in prison).


C. (SBU) Hong Kong uses a combination of immigration and
labor laws to prosecute labor trafficking and related
offenses. Hong Kong's Bill of Rights Article 4 denounces
forced and bonded labor. Under the Employment Ordinance
(EO),employers who violate contract terms or minimum wage
regulations (the latter only applies to foreign domestic
helpers (FDHs)) can be fined and imprisoned. Any employer
who pays less than the legal minimum wage for FDHs can be
fined HKD 200,000 (USD 25,000) and imprisoned up to one year.
Traffickers may also be prosecuted for blackmail under the
Theft Ordinance (maximum penalty 14 years) or for detaining
by fraud or force against a person's will under the Offences
Against Persons Ordinance (maximum penalty life
imprisonment).

-- (SBU) The Employment Ordinance (Cap. 57; July 1, 1997)
regulates the operation of employment agencies (EAs) in Hong
Kong. An EA is only allowed to charge job-seekers (including
FDHs) a commission of not more than 10% of the first month's
wages received upon successful placement. Overcharging is a
criminal offense and carries a maximum fine of HK$50,000
(US$6,410). The Labor Department (LD) conducts regular
inspections and investigates complaints, and sufficient

evidence leads to prosecution. In 2008, LD conducted 1,321
inspection visits to employment agencies. The license of an
offending EA may also be revoked upon conviction, and the
Commissioner for Labor may: (1) refuse to issue or renew a
license, or may revoke a license, if he is satisfied on
reasonable grounds that an employment agency is being, or is
likely to be, used for unlawful or immoral purposes, or (2)
if a person operating or intending to operate an employment
agency has, within the preceding five years, been convicted
of an offense against a child, young person or woman or of an
offense involving membership of a triad society, fraud,
dishonesty or extortion (Sec. 53(1)(c)(ii) of Cap. 57). In
2008, the LD refused to issue

-- (SBU) Post continued to hear from several labor
organizations that a growing number of Indonesian FDHs face
varying levels of debt bondage conditions in Hong Kong. As
reported last year, some FDHs are forced to repay Indonesian
recruitment agencies HKD 21,000 (approx. USD 2,700) by
deducting up to 90 percent of a worker's monthly salary.
While this debt is imposed by recruitment agencies operating
in Indonesia and beyond the jurisdiction of Hong Kong laws,
it has been reported the Hong Kong-licensed employment
agencies are complicit in this debt scheme. Hong Kong
agencies reportedly confiscate the FDHs' passports and
employment contracts upon arrival and withhold them until the
debt has been repaid. One contact reported Hong Kong police
often will help Indonesian FDHs who have escaped abusive
environments to retrieve their passports from the employment
agencies but do not go the additional step of prosecuting the
EAs for this illegal practice. Additionally, local contacts
have reported the continuing practice of underpaid wages,
with some FDHs receiving as little as HKD1800 (USD 234),
roughly equivalent to half of the legally mandated minimum
monthly wage of HKD 3,580 (USD 465). A recent study by
Caritas Community Development Service showed approximately 12
percent of the 464 Indonesian domestic helpers interviewed
said they were paid a monthly salary of HKD 1,800 to
HKD2,000.

-- (SBU) The HKG contends FDHs are required to sign a
standard employment contract prior to their being granted
permission to work in Hong Kong, and should therefore be
fully aware of their rights and obligations prior to arriving
in Hong Kong to commence employment. In addition, the Labor
Department (LD) publishes special guidebooks/leaflets in
various languages (such as Tagalog, Indonesian and Thai) in
addition to English to distribute to FHDs at the airport, LD
offices, and the Immigration Department, and 18 district
offices of the Home Affairs Department. FDHs also have full
access, free-of-charge, to the services of the LD (such as
their 24-hour inquiry hotline and individual consultations)
and legal channels to seek redress, should their labor rights
be infringed. Employers who fail to pay wages or other
statutory entitlements in accordance with the Employment
Ordinance may be prosecuted. Once convicted, the maximum
penlty is three years of imprisonment and a fine ofHK$350,000 (US$44,872).


D. (SBU) Under the Crims Ordinance, rape (Section 118 of
Cap. 200) and on-consensual bugery (Section 118A of Cap.
200) re serious offences which carry a maximum penalty f
life imprisonment. For other forcible sexual ssault
offences, such as buggery with a mentallyincapacitated
person (Section 118E of Cap. 200); indecent assault (Section
122 of Cap. 200); abduction of an unmarried girl under 16
(Section 126 of Cap. 200); detention for intercourse or in a
vice establishment (Section 134 of Cap. 200); use,
procurement or offer of persons under 18 for making
pornography or for live pornographic performances (Section
138A of Cap. 200) carry penalties ranging from 10 to 14 years
imprisonment.


E. (SBU) Trafficking cases continue to be rare in Hong Kong.
This year, the Hong Kong Security Bureau reported trafficking
charges brought against six suspects, five of which faced
trials during the reporting period. One suspect was found
guilty of trafficking, and four were found guilty of related
offenses. These resulted from a covert Hong Kong police
operation in early 2007 against syndicates suspected of
trafficking females from Hong Kong to various overseas
locations for sexual exploitation. Five undercover female
officers attended "job" interviews after responding to
newspaper advertisements posted by a suspected vice
syndicate. After the syndicate offered the officers jobs
abroad in the sex industry, Hong Kong police arrested seven
suspects who were all Hong Kong residents. Six of the seven
suspects were charged with the offences of "causing
prostitution of another person" under section 131 of the
Crimes Ordinance and "trafficking in persons from Hong Kong"

under Section 129 of the same ordinance. One suspect
absconded while on bail.

-- (SBU) Five of the suspects had District Court trials
between December 2008 and January 2009. Four defendants were
convicted for "causing prostitution of another person" and
given imprisonment terms ranging from eight to 20 months.
One defendant was convicted of "trafficking in persons from
Hong Kong" and sentenced to 36 months' imprisonment.

-- (SBU) In another case, Hong Kong police and immigration
officials in April 2008 launched an investigation against
suspected illegal human smuggling. A 51-year-old female Hong
Kong resident was arrested for arranging and facilitating
female mainland Chinese illegal immigrants into Hong Kong for
prostitution. She was eventually charged with "living on
earning of prostitution" and convicted and sentenced to four
months' imprisonment, suspended for 18 months.

-- (SBU) While the Labor Department (LD) did not provide
details of each individual case, they reported 54 convicted
summonses were issued against employers of FDHs for breaches
of the Employment Ordinance in 2008. The LD also refused to
grant an employment agency license to an applicant who had a
conviction record of "common assault" under the Offences
Against the Person Ordinance in which the victim was a FDH.


F. (SBU) Police officers at all levels continue to receive
training on detection, investigation and prosecution of all
criminal offenses, including human trafficking. Front-line
officers, in particular, are trained in identification of
suspected trafficking victims, suspicious visitors and
illegal immigrants as well as handling of trafficking
victims. The Organized Crime and Triad Bureau (OCTB),with
the highest level of expertise, training and investigative
experience, investigates the most serious trafficking cases.
OCTB officers regularly participate in international
conferences to exchange ideas and learn best practices in
combating trafficking.

-- (SBU) Immigration officers have received training on core
investigative techniques, including the key skills of
interview and interrogation necessary to detect potential
trafficking cases. In 2008, representatives from the police
and immigration departments actively participated in various
regional and international conferences/seminars on human
trafficking. Police officers attended the 3rd, 4th, and 5th
Asian Organized Crime Expert Group held respectively in
Singapore, Macau SAR and Malaysia. The Immigration
Department participated in the Bali Process Workshop on
People Smuggling: Threat Assessments and Risk Analysis, the
14th Pacific Rim Immigration Intelligence Conference and the
Seminar on Immigration Control 2008. At the conferences, the
Hong Kong participants shared their experience and knowledge
in the areas of law enforcement, policy and legislation to
prevent, intercept and disrupt human trafficking and related
crimes.


G. (SBU) As a holdover from its colonial days under British
rule, Hong Kong's law enforcement agencies maintain strong
links with overseas counterparts and international bodies.
Hong Kong authorities also maintain close cooperation with
their mainland counterparts. Hong Kong actively works with
other governments in the areas of: joint investigations and
enforcement; liaison and intelligence exchange; provision of
evidence under Mutual Legal Assistance; and arrest and
extradition, where applicable.

-- (SBU) During the reporting period, Hong Kong immigration
and U.S. Customs and Border Control cooperated to disrupt a
child smuggling ring that resulted in the arrest of two
Taiwan residents for illegal smuggling. Hong Kong
authorities became suspicious of the two Taiwan travelers
when they were transiting Hong Kong enroute to the United
States, and decided to inform U.S. immigration officials.
Armed with the information from the Hong Kong authorities,
U.S. officers were able to arrest the suspected smugglers
upon arrival in the U.S.

-- (SBU) In late 2008, Hong Kong's Anti-Illegal Migration
Agency (AIM) launched a tripartite partnership with French
and Dutch immigration authorities to interdict suspicious
travelers routing through the three airports. An operation
conducted in January 2009 saw 14 people arrested for alleged
document fraud and illegal migration activities.


H. (SBU) Hong Kong remains fully committed to international
law enforcement cooperation, and has been expanding its
network of bilateral agreements on legal cooperation with
other jurisdictions. Hong Kong currently has extradition

agreements with fourteen countries for the surrendering of
fugitives, including for trafficking crimes. As of July 2008,
agreements had been signed (but had not come into force) with
an additional three countries. No extraditions related to
trafficking occurred during the reporting period.


I. (SBU) No evidence or accusations of government involvement
in or tolerance of trafficking on any level emerged during
the reporting period.


J. (SBU) No evidence or accusations of government involvement
in or tolerance of trafficking on any level emerged during
the reporting period.


K. (SBU) Prostitution itself is not a crime in Hong Kong.
However, a wide range of provisions under the Crimes
Ordinance target the exploitation of prostitution in any
form. Illegal activities include: solicitation and
advertising sex services, living off the earnings of
prostitution of others, keeping a vice establishment, leasing
premises for use as a vice establishment, and permitting
premises to be used for prostitution. All in all, those who
arrange, organize or live off others' prostitution are
prosecuted.

-- (SBU) Although a legal minimum age for prostitution is not
specified in Hong Kong laws, sexual intercourse with girls
under the age of 13 and 16 are crimes under sections 123 and
124 of the Crimes Ordinance, respectively. Causing,
encouraging, arranging, or procuring girls or boys under age
16 for prostitution or sexual intercourse are also crimes
under Section 135 of the Crimes Ordinance.


L. (SBU) Because of its status as a Special Administrative
Region of the People's Republic of China with no military of
its own, Hong Kong does not contribute troops to
international peacekeeping efforts.


M. (SBU) Hong Kong does not have an identified problem of
visitors coming to Hong Kong for child sex tourism.


PROTECTION AND ASSISTANCE TO VICTIMS:
--------------


A. (SBU) The HKP has special units to provide protection for
victims and witnesses, and have established procedural
guidelines on handling cases involving vulnerable witnesses
and victims. Officers responsible for handling these
sensitive cases receive special training. Past trafficking
cases indicate Hong Kong law enforcement provide these
protections in practice. For example, in 2007, Hong Kong
police provided protection for six Filipino trafficking
victims throughout the course of the investigation and trial
in which they testified. The police also traveled to the
Philippines to meet with relevant government departments to
discuss how to ensure the safety of the victims and their
reintegration into society. After the conviction of their
two traffickers, the HKP escorted the victims to the airport
where Philippine consulate officials met them.


B. (SBU) Six government-subsized NGO shelters serve victims
of violence, abuse or exploitation, including trafficking
victims. These centers provide temporary free accommodations
and counseling. Child trafficking victims can be admitted to
several refuge centers specifically equipped to provide
temporary services for children.

-- (SBU) In 2007, the HKSARG established the Multi-purpose
Crisis Intervention and Support Center (also operated by an
NGO with government subsidy) to provide 24-hour assistance to
victims of sexual violence, including victims of trafficking.
The Center provides on-the-spot counseling to the caller,
immediate crisis intervention, and links the victims to
social service providers. The Center also has a dedicated
phone line for law enforcement and social welfare providers
to reach the Center. Starting in May 2008, the Center began
providing short-term housing, taking in victims on a 24-hour
basis. So far, the Center has not received any trafficking
victims.


C. (SBU) The Social Welfare Department (SWD) and local NGOs
offer a wide range of services to victims of trafficking, as
well as other categories of victims and persons in need.
Government-funded services -- by social welfare agencies and
through NGOs -- including welfare and psychological
assistance, as well as access to legal and medical services,
are available to all trafficking victims. The
Government-funded Family Crisis Support Center, operated by a
local NGO, provides 24-hour support for victims. The Center

offers counseling, a resource center, hotline service and
referrals to community groups. Services provided by the
center include short-term emergency intervention with
accommodation, counseling, hotline service, a resource corner
and self-learning facilities, referrals to community support
services, etc.

-- (SBU) The Hong Kong Hospital Authority provides public
medical and clinical psychological services to trafficking
victims, who enjoy the same rights as other patients. The
Department of Health operated Female Social Hygiene Clinics,
which offered free services to all female sex workers without
asking about their legal status in Hong Kong.

-- (SBU) Trafficking victims suspected of having committed
offenses, such as a breach of condition of stay or use or
possession of fraudulent travel documents, are offered food
and basic necessities free of charge during their detention.
They are entitled to apply for free legal aid in both civil
and criminal cases, as well as free medical treatment as
necessary. Recognizance in lieu of detention may be granted
to such victims, taking into consideration the circumstances
of each individual case.

-- (SBU) For vulnerable witnesses and victims of child abuse,
the SWD carries out joint investigations with the police
according to a set of handling guidelines. Clinical
psychologists are involved whenever necessary. The SWD has
maintained a Witness Support Program since 1996 for
vulnerable witnesses since 1996. This program provides
practical assistance and emotional support to reduce the fear
and anxiety of the vulnerable witnesses during court
proceedings. The Witness Support program allows child
victims of trafficking to give evidence through recorded
video interviews or by live television link. A woman who
agrees to testify as a witness for the prosecution of a
trafficker is as a rule granted immunity from prosecution
herself; other forms of cooperation may be taken into account
in mitigation of any sentence she might receive.


D. (SBU) All trafficking victims are entitled to the
short-term assistance and social services mentioned
immediately above. Victims who are illegal immigrants or
overstayers without legal rights to land or remain in Hong
Kong are required to leave Hong Kong in accordance with
immigration laws. Whether a person is permitted to remain in
Hong Kong depends on his/her eligibility under the prevailing
immigration policy and individual circumstances.


E. (SBU) Please see response immediately above. While some
victims may eventually be repatriated to their home country,
past cases have shown Hong Kong authorities actively liaise
with the receiving country on reintegration issues.


F. (SBU) As mentioned above, the government-funded
Multi-purpose Crisis Intervention and Support Center has a
dedicated phone line for law enforcement authorities' use.
The SWD and police have an established set of guidelines for
joint handling of the investigation process and support
services for cases involving vulnerable witnesses and victims
of child abuse.


G. (SBU) The HKSARG reports no trafficking victims were
identified during the reporting period.


H. (SBU) Although prostitution is not illegal in Hong Kong,
other activities related to prostitution, such as keeping a
vice establishment, allowing premises to be used as a vice
establishment, arranging for and organizing others'
prostitution, living off others' prostitution, controlling
persons for the purpose of unlawful prostitution or sexual
intercourse, are offenses. Possible trafficking victims
arising from police operations, investigations and reports
are carefully interviewed to determined if they are victims
of trafficking and better understand the mechanism, trends
and people involved in trafficking crimes.


I. (SBU) Trafficking victims suspected of having committed
offenses, such as a breach of condition of stay or use or
possession of fraudulent travel documents, are offered food
and basic necessities free of charge during their detention.
They are entitled to apply for free legal aid in both civil
and criminal cases, as well as free medical treatment as
necessary. Recognizance in lieu of detention may be granted
to such victims, taking into consideration the circumstances
of each individual case.

-- (SBU) A woman who agrees to testify as a witness for the
prosecution of a trafficker is as a rule granted immunity
from prosecution herself; other forms of cooperation may be

taken into account in mitigation of any sentence she might
receive. Ultimately, the Department of Justice (DoJ) has the
discretion not to prosecute if prosecution is not in the
public interest.


J. (SBU) HKSARG policy is to encourage victims to assist in
the investigation and prosecution of trafficking cases,
although in practice victims are rarely willing to do so.
Specifically, victims are encouraged to provide information
on syndicated arrangements to facilitate investigations with
a view to discovering and apprehending the culprits.

-- (SBU) Depending on the circumstances and nature of a case,
a victim may initiate civil proceedings for damages or
compensation arising from injuries sustained as a result of
the unlawful or wrongful act of the trafficker. Such a claim
or legal action is a civil action involving determination of
civil rights and liabilities between two private parties.

-- (SBU) To ensure no one with reasonable grounds for taking
or defending a legal action in the Hong Kong courts is
prevented from doing so due to lack of means, legal aid is
granted to any person, whether resident or non-resident, who
satisfies the criteria for legal aid, namely the means test
and the merits test. Civil action filed by trafficking
victims against the traffickers is not an exempted or an
excepted category. According to the Legal Aid Ordinance and
the Legal Aid in Criminal Cases Rules, legal aid will only be
granted for legal representation in either civil and criminal
proceedings. Legal aid is not available for legal advice or
other forms of general legal assistance if no legal
proceeding is involved.


K. (SBU) Front-line police and immigration officers receive
intensive training on investigation and interview techniques,
victim identification, document forgery, and other areas
related to illegal migration and trafficking activities.
Although Hong Kong's social service workers are already
highly-trained expert providers, they receive enhanced
training on handling child victim cases through in-service
programs, including joint training with police officers and
clinical psychologists. The SWD also advises other
departments on victim assistance and support upon request.

-- (SBU) The HKSAR does not operate overseas embassies or
consulates. Hong Kong authorities, however, maintain close
cooperation with relevant overseas contacts through
government-funded Economic & Trade offices. Hong Kong LEAs
also actively cooperate with INTERPOL.


L. (SBU) Hong Kong is not a point of origin for
internationally trafficked women, men or children.


M. (SBU) Various international NGOs involved in the promotion
of the rights of sex workers and/or migrant workers provide
varying levels of support to trafficking victims.
International Social Service (ISS),with HKSARG consent,
deploys Information Ambassadors (IAs) to meet every incoming
flight from Southeast Asia that lands in Hong Kong from 9
a.m. to 9 p.m. The IAs distribute HKSARG-funded information
kits produced in several of the most commonly-spoken
Southeast Asian languages to passengers identified as
potential victims of trafficking or other exploitation. ISS
runs a hotline, provides interpretation, medical and
counseling services, and help arrange for shelter and access
to legal counsel. In conjunction with HKP, ISS conducts
actual pick-up and rescue of a victim at point of escape.
Other NGOs such as Zi Teng, Action for Reach Out,
International Organization for Migration assist and support
sex workers and migrants in Hong Kong.


PREVENTION:
--------------


A. (SBU) The Hong Kong government continued to publicize its
anti-trafficking activities on various government websites
and in outreach materials that are aimed at potential
trafficking victims.

-- (SBU) The Labor Department (LD) organized briefings and
mini-exhibitions on the rights of workers provided in the
Employment Ordinance (EO). Information kiosks were set up in
areas frequented by FDHs in which pamphlets and videos in
English, Tagalog, Indonesian, Thai, Sri Lankan and Chinese
were distributed. LD also broadcasted an informational video
for FDHs at visa-issuing offices of the Immigration
Department.


B. (SBU) The HKSARG devotes a significant amount of resources

to monitoring immigration and emigration activities, to
include evidence of trafficking. Law enforcement authorities
have continued to apply stringent measures to screen for
trafficking victims and suspected trafficking cases among
visitors and illegal immigrants along borders. The
authorities have several screening opportunities during
secondary examinations at control points or debriefing
sessions, and potential victims also have ample opportunities
to report their status. Immigration, customs and police
departments are all well-trained and equipped to detect and
investigate trafficking-related criminal activities and
arrest the perpetrators. The government conducts regular
training on the use of specialized equipment, such as mobile
x-ray vehicle scanning systems, to inspect outbound
containers, and facial recognition equipment to help verify
the identity of new arrivals.

-- (SBU) Enforcement actions against illegal migration have
been stepped up over the last decade to prevent Hong Kong
from being used as a springboard to smuggle illegal migrants
overseas. Hong Kong's Anti-Illegal Migration Agency (AIM),
comprised of a Tactical Intelligence Group and an Airport
Investigation Group, uses professional and sophisticated
intelligence analysis mechanisms in concert with local,
Mainland, and foreign counterparts to counter illegal
migration and prevent Hong Kong from being abused as a
transit point by human traffickers. An 882-officer Border
Division patrols the border fence 24 hours a day using
advanced technology equipment. The Customs and Excise
Department has stationed a total of 2,300 officers at Hong
Kong International Airport, boundary points, major container
terminals, and the waters off Hong Kong, specifically to
combat human smuggling and the transporting of illegal
migrants.

-- (SBU) AIM officers employ a four-tier operational model
for investigating trafficking or other illegal migration
cases. AIM officers profile suspicious travelers for
spot-check and interception. For any case of interception
that may not warrant immediate criminal investigatory
actions, AIM officers send out a Suspicious Passengers Alert
(SPA). An SPA details the traveler's profile and onward
itinerary through an established law-enforcement intelligence
network to the authorities stationed at the next and
subsequent ports of transit/entry. These alerts provide
notice and warning for subsequent monitoring of movements and
for possible detection of foul play, including involvement in
trafficking activities. In 2008, over 621 SPAs were issued.


C. (SBU) The Joint Investigation Team (JIT) serves as Hong
Kong's principal forum for regular internal communication on
matters relating to human trafficking, coupled with the
involvement of other departments, including the Social
Welfare Department. The HKSAR government has stated that it
is "confident that internal communication on human
trafficking matter is free from obstacles." There are also
frequent contacts between the HKSARG and outside relevant
stakeholders, which allow seamless communication on
international and multilateral levels.

-- (SBU) The HKSARG's law enforcement agencies work closely
with mainland, Macau and foreign counterparts and have
developed an effective information and intelligence sharing
channel to obtain a more complete picture of smuggling,
trafficking and other illegal migration networks. To
facilitate the timely exchange of information and
intelligence, they maintain close and frequent contact with
their counterparts including consular missions accredited in
Hong Kong, as well as mainland Chinese authorities. Various
parties share information alerts and bulletins, including
those related to anti-trafficking efforts. For example, the
Immigration Department participates in regular meetings with
local consulates to share information of mutual interest.
These monthly "SCAN" meetings are attended by representatives
from the Consulates of the US, UK, Australia, New Zealand,
Canada, France, Netherlands, Israel and Japan, the Macau
Special Administrative Region and the Immigration Department.
Assessments of anti-trafficking efforts have been shared
among interested parties through meeting minutes or related
correspondence.


D. (SBU) Under the overall policy guidance of the Security
Bureau, Hong Kong LEAs have been working in a coordinated
manner to address all aspects of combating human trafficking:
investigation and prosecution, protection and victim
assistance, and prevention. The JIT has primary
responsibility for monitoring all aspects of human
trafficking and proposing appropriate strategies and tactical
responses. The JIT and SWD are the key players in
institutionalizing the government's anti-trafficking plan,

and meet regularly to discuss overall efforts to combat
trafficking, improve public outreach, and enhance victim
support services.

E: (SBU) The HKSARG did not undertake any specific measures
to reduce the demand for commercial sex acts.


F. (SBU) Although Post is not aware of any specific measures
specifically aimed at reducing the participation of Hong Kong
residents in international child sex tourism, Hong Kong
residents have not previously been identified as participants
in such activities.


G. (SBU) Question is not applicable to Hong Kong.


4. (U) Post point of contact is Poloff Lisa Tam, tel: (852)
2841-2139, fax: (852) 2526-7382, email: TamLY@state.gov.


5. (U) Hours spent on drafting this report cable:

FS4-75
FS2-5
FS1-25
DONOVAN